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U.S. v. MYERS

Nos. 94-5502, 94-5503.

66 F.3d 1364 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Bobby MYERS, Jr., Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Jarmal Lamar MYERS, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided October 4, 1995.

Attorney(s) appearing for the Case

ARGUED: George Alan DuBois, Assistant Federal Public Defender, Raleigh, North Carolina, for Appellants. John Samuel Bowler, Assistant United States Attorney, Raleigh, North Carolina, for Appellee. ON BRIEF: William Plyler, Raleigh, North Carolina, for Appellant Bobby Myers. Janice McKenzie Cole, United States Attorney, Raleigh, North Carolina, for Appellee.

Before MURNAGHAN, NIEMEYER, and HAMILTON, Circuit Judges.

Affirmed in part and vacated and remanded in part by published opinion. Judge MURNAGHAN wrote the opinion, in which Judge NIEMEYER and Judge HAMILTON joined.

OPINION

MURNAGHAN, Circuit Judge:

The defendants, Bobby Myers ("Bobby") and Jarmal Myers ("Jarmal") are brothers. In October 1993, Bobby and Jarmal kidnapped a woman, stole her car, and raped and beat the woman multiple times. The brothers were...

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